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Patna High Court

Swaminath MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to a bail bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Swaminath Mahto, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 340.050 litres of liquor were seized from two motorcycles, one of which he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware that his friend misused his vehicle. The State opposed his anticipatory bail application. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent under Section 482(2) of the CrPC. The Court clarified that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted when the accused is not in actual possession of the seized liquor and claims lack of knowledge of its misuse.
  • Whether ownership of a vehicle used in the alleged offence implicates the owner for anticipatory bail purposes.

Legislation cited

Subjects

  • anticipatory bail
  • provisional bail
  • liquor seizure
  • possession
  • ownership of vehicle
  • clean antecedent
  • Section 30(a)
  • Section 482(2)
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89822 of 2025
                 Arising Out of PS. Case No.-118 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj
                 ======================================================
                 Swaminath Mahto Son of Jiut Mahto @ Jiut Mahato Resident of Village-
                 Naya Tola Bangari, Ps- Jadopur, dist- Gopalganj

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :      Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 340.050 litres of liquor from two motorcycles. It is

                   next submitted that petitioner was not arrested from the spot, as

                   such, nothing was recovered from his conscious possession and

                   he came to be implicated based on the fact that he is owner of

                   one of the seized motorcycles. It is next submitted that no

                   prudent person would use his own vehicle for committing an

                   occurrence and thus, would create evidence against himself and
Patna High Court CR. MISC. No.89822 of 2025(3) dt.21-01-2026
                                            2/3




          hence, would get implicated. It is also submitted that petitioner

          was completely unaware that his friend would misuse the

          vehicle in the manner as alleged.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned District &

          Additional Sessions Judge-IV-cum-Exclusive Special Judge

          Excise Court-II, Gopalganj in connection with Vishambharpur

          P.S. Case No.118 of 2024, subject to the conditions laid down

          under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.89822 of 2025(3) dt.21-01-2026
                                                           3/3




                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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